The Sun. — London, England, 1818-05-07 00:00:00

LITERARY REVIEW. 'CONSIDERATIONS on the ORIGIN, PROGRES, and Plt ESE NT STATE of the ENGLISH BANKRUPT LAWS, with reference to their existing. defects; humbly submitted to the Select Committee of the House of Commons, ap pointed to consider of the Bankrupt Laws.—MAxwELL, Bell-yard, 10s. As this is a trading nation, and as the interests of the people in general are much aUcted by -BaLkruptcies, and the operation of the Laws le _ ating to them, we feel it ro he-our (boy to take an eativ notice of the work before us, as it seems to be written frOm the best intentions, and wi!lr a tun knoi‘ledg.• of the subject. The Author has slc , rn great self-dtmial in not putting his name to the work, for if.he is in the profession of the Lacv, as may naturally be supposed, it is highly probable that this judicious Tract might have raised hint i;ito considerable repute, and have in troduced him into very successful pr actice re lative to the purpose in view. We therefore advise loin to affix his name to a second edition, which we presuNe is not far distant, a 3 he win then he lik sly to obtain a cous,quent recom pense for his rare, industry, and knowledge.— Our Headers are probably aware, that a COM- nnitee of the Horse of Cfmmons has bee►► ap poi'ited, and is now sitting, to` consider of the Bankrupt Laws, and of their operation. Pre siously to the publication of the book above mentioned, the Con►ntittee had presented to the House a Report and Minutes of the Evidence taken before them, which were printed by order of the House. The Author of this work seems to consider that etidence to be defective. After making a just acknowledgement of the patient and hpnlication on the part of the Committee to the snhjrcr before them, he says— " But I hope that I shall not he considered to speak irre verently of the Conroittee, or disrespectfully of the Gentle men who were examined before them, if I venture to state, that, in ms• humble judgnient, the evidence already taken before the Committee is very far from satisfactory.—From the commercial men who were examined very little informa tion of importance was elicited ; general statements of the frauds and dishonesty of debtors; complaints of the expences of proceedings in Bankruptcy, and of the delays of Assignees in making oividends; and a concur•iu opinion, that the Bilikrupt Laws are admi;.►stered in Ireland less beneficially for the Creditors than is tlqe case in England, seem to form nearly the whole amount of their testimony. When we con- sider the great portion of talent which is, unquestionably, to he found among the commercial men of the present day, ron:e important results than those which have transpired ; were, I think, to have been expected from their examination, The evidence of the profes%ional men who were examined was certainly much more satisfactory; several of them point ed out particular abuses, and suggesied specific remedies. Much however of very serious grievance has passed unnotic ed. Considering the eminence of many of them, a much ino; . e coMprensive view or the• subject might have been ex pected than that which their evidence•has disclosed. It is to he lamented, that they did nut enter into a more enlarged and •systematic view of the subject, and did not advert more than they have done to first principles."— Prof. zii. The Author then proceeds to investigate the subject, in the order in which the proceedings occur tinder • Coismission of B tukropt,' noticing the several matters which he considers as ex yvils in this branch of the Law, as they wise in practice. Such investigation necessarily itleolees so moot of minute detail, that it is im possible for us, within the limits of this notice, to specify its sever,' particulars. He protesses to cothprebend - wiliin his examination the most material defects in the Law of Bankruptcy, which arise in practice between the first issuing of the Commission and its final close ; and his observa tions appear to teach that extent. lit the result be conies to the conclusion which was expressed by a Committee of the [louse of Commons in the year 1759, who resolveil, that " Some amend ments maybe made in the Laws relating to Bank rupts, to the advantage of the Creditors, and in case of the Bankrupts." p. 312. 'He suggests throughout tire hook particular alterations, which, in his opinion, are caiculated t o soporess the evils of the existing law, and to promote its improve ment. The following extract will exhibit a fair speci m►n of the Author's mode of treating the sub ject. Speaking of the incongruity between the objects of the law, and its operation, ‘vhich ►s oc casioned by the existence of the spectic acts of Rit►ktt►ptcy that are now requisoe to support Coit>H>>ssio►n, l►e says— " The principle upon which the several Acts before spe eihel are declared to be Acts of Bankruptcy is, that they are indications either of fraud or of insolvency. See Blackstone's Ex oocition of these several Acts, 2 Comm. 478.—N0w, by a curious inversion of law, the indication of Insolvency is de clared to be offensive, while no criminality is imputed to In solvency itself. If a man lie two months in prison - for debt, such a presumption of insolvency arises from that circum stance as subjects him to a retrospective imputation of Bank ruptcy ; hut open and notorious, and even avowed Insol vency, if unaccompanied by any of these specific indications of it, will not bring him within the range of Bankruptcy. In like manner, the intent to delay creditors, when evidenced by any of these particular Acts, is criminal, and will super induce Bankruptcy:—for example, a man's absenting him self to avoid an arrest for debt (2 Str. 809), however short the period of his absense may he (Palm 3'45. 2 Show. Rep. .523) ; but if, instead of absenting himself, he stays in the way and submits to be arrested, and then puts in bail, pleads sham pleas, or brings a dilatory writ of error, even with the most profligate acknowledgement that all this is done to delay his creditors, this avowed intent to delay draws on bins no penal consequence ; because it is unevidenced by any of these specific indications. A mere momentary absenting, with the intent to delay creditors, is an indelible Act of Bankruptcy; but the actual and avowed delay of creditors is not so, if unattended by some or one of these particular evi dences. In other words, the intent to accomplish the object is criminal : the actual accomplishment of it, unless evidenc ed in a particular mode, is innocent. It is inconsistent with due reverence to o it laws to ask, whether such doctrines are reconcileable to reason or to justice?"—p. 77. The stile is plain, perspicuous, and correct, and the work itself will he in no ordinary degree prac tically useful. WATERLOO CIIURCIL FOR THE SUN. MR. EDITOR,--1 felt myself much obliged by your ready insertion, some time ago, of my two letters, ota the intended Public Monuments of Waterloo and Trafalgar; as well as of another letter, under a different Signikture, on the suppres sion of the 11. ink Tokens, , execittetl by (tie late eminent Dieteugraver, NATHANIEL MARCHANT ; and 1 am induced by your coot tesy in those in stances, and by the general high estimation of your public zeal, to submit to your Headers some tarther reflexions on what lately passed in the House of Commons respecting the former of the subjects above-mentioned, when, from a conver sation that took place between the CHANCELLOR of the .EXCHEQUER aud Mr. TIERNEY, it appear ed probable, that the stuns designed to be ex pended on those costly records of our victories may ultimately be directed in.aid of the general nlan for increasing the number at our places of Public IVorsbip. Another design is also circulated by rumour, viz, that, instead of the expensive and precarious experiment of erecting a future work to the me- Mory of Waterloo, the Govt rumens has it in coo templatiom to assume one already exis:ing, and ? roved by its excellence to be worthy of being consecrated to such a purpose ;--that the cent Bridge, • on which the victorious WELLING TON, ill person, conferred the name of IVaterloo— the greatest Public Monument in the world of the opulence and dignified exertions of the sub jeets of any Empire, should be adopted as the na tional record of the great contem,,oravy event here in view ; and dedicated, with all due and ap propriate honours, in eternal remembrance of our Triumph. 1 shall at present confine myself to the first of those designs, as tar as concerns We. M emorial of Waterloo. The victory of reason, then, has been obtained over the advocates of Egypti grossutss and Roman vanity ! T.e soil of England is not. to he polluted by exotic loads of cumbrous pyramids, or ostentatious columns ; but the exalted gratitude of a rt fine,i people is to be recto ded, in native ex pression, by the most exalted trophy, by the erec tion of a Church to Cod— DEO GLORIA ! In this manner has the guod sense, and (new as the tern) may appear to some critic) the good taste, of this reflecting nation prevailed, to cinch care the indefeasible riJit of PUBLIC UTILITY. Such, 1 am persuaded, would ever be the lest& of the popular judgment on puhlic undertakings, it Cie subject were t,irly placed itt view, and due time allowed to collect the general sense)—l speak of the People of England, accus.uni,d to weigh, to examine, to de►iberate and discu,s— awake to its own powers, aware of its own defi deuces. Li the supposed adoption of this design, it is first pre-eminently to be desired, that the Church dedicated to so solemn an occasion, to the corn memorati )u of an event which put a stop to the calamities of civilized Europe, should be in all its parts, and in all its appurtenances, a pure offer ing to the Almighty ; an ()Tering from hearts which a,knowledge the justice of his chastisetnents and the nieviv of his healing band For this end, it must be jealously kept tree from abuses, which haVe•crept into some other of our religious-edi fices ; from the exhibi •ion of all arrogant records of human p:owess, all vaunting symbols of human glory, whetlwr achieved by counsel or by at 1114. % 7 11,1IeVer symbok. whatever allusive imagery may adorn its ‘valls, they ought to reinind us only that the dreadtiil scon;ge of war, inflicted for so long a I erm of years, on us and other nations, by that Supreme Being' to whom we raise our offering, has ceased; that thy- tearful instruments of his dis pleasur.• are witlidnaun, and that lie deigns once more to receive from us the tribute of thanks for his 'overflowing love - and kindness towards our race. From a fixed abhorrence of all that profanes religious worship, by blending it with polirical purposes, I would close the doors of such a Church against all shews and processions of arms; all banners, stand3t ds, &c &c, in shor., against all ti-ophies of warlike contest- anal victory. 1 would equally close them against all records of the conquered and the conquerors— , xcepting the sepulchral urns of the latter, inscribed simply with Omit names. Let the sentiment couveyed, anti th e l e sson itnprinred, by the sight of the xvitole struc ture, be HUMILITY IN MAN, BEFORE GOD•: I am aware, Sir, that it may he asked in what manner, then, will the Church here pro posed correspond to the idta of that great National Trophy which it is the obiect of the public rote to raise, for the instruction and emulation of future ages; and 1 shall proceed directly to the satisfactory solution of that point. But another question also is obvious. There can he no doubt, that, in the minds of the first projectors of the Waterloo Monunzent, that attestation of public gratitude and prosperity was, in no small measure, connected with a view to the advancement of the Fine Arts in this country. — Although Architecture is the principal agent in such a structure, more than architecture was in contemplation ; sculpture would have contributed considerable portions of ornamental embellish ment, and, in Mr. WILKINs's first splendid model, large spaces appeared likewise to be allotted to the display of our heroic achievements by the hand of painting. Both these points are of great (though not of equal) importance. The mere erection of a Church, however beneficial to the morals of a people, would in the present instance, be unsa tisfactory to the nation, unless it fully declare the important cause of its erection ; and the nation would also lose its just privileges if it should be de barred either the production or the contemplation of such examples of heroic record by the Arts, as tend to establish the dignity of its mental acquire ments. It must therefore be desireable to exa mine how far both these .purposes may still be ob tained, under the present conversion of gentile abominations to Christian Pieties. these questions the remainder of my propo sition will be a full reply. The same statement will answer both. it is first obvious, that the Church to be erected will obtain the popular appellation of We received this morning the Paris Papers of Monday last. The following are Extracts : " PARIS, MAY 4.—Yesterday being the Anni versary of the happy re-entry of the King into Paris, it was kept as a day of rejoicing in the Capital, and there was a splendid Court at the Thuilleries. His Majesty reviewed his household troops, and afterwards went through the principa l streets of Paris, amidst shouts of acclamation. The houses were decorated with white draperies and flags. In the evening the City was illu minated. " A dreadful storm, which commenced the 30th ult., at midnight, has desolated the Commune of Nogent-sur.seine. The wheat, the vines, the Waterloo Church. Nor am I aware that there is any thing irreligious in the authoritative adop tion of such a title. Butt this is a trifle. If the remembrance of the great Victory, the hatbinger of Peace to a distracted world, is to be justly ce lebrated, and transmitted to future ages, it is ob vious that more effective means must he employed, and that the aid of the Fine Arts must in some manner be called in, to extend and perpetuate the seatiment now'so deeply impressed op our hearts. Never was there an occasion capable'of affording ;I:Tearer excitement to the minds of 'Artists ; and it may, perhaps, be destined for the pages of History to record one more laurel of the day of Waterloo, by dating the rise of English emi nence in the historical provinces of the Arts, from the public celebration of its signal victory. To effect those desireable purposes a simple plan Suffices. I conceive the Church (whatever he the spot allotted to it) to be placed in the centre of an open area of ample dimensions, and that area to be surrounded with a range of magnificent edifices, all comprised within one regular struc ture, and appropriated alternately to active esta blishments connected with military desert (such as schools and hospitals), and to the reception of historical records in Painting and Sculpture These records naturally consist, in sculpture, of statues and groups of the renowned warriors, and their actions, who distinguished themselves on the memorable field of Waterloo ; and, in paint ing, of the illustrious events of that scene of con test, unparalleled in the annals of the world. This plan appears to contain the whole sum of our wishes and expectations, and to be, in fact, illustrative of the public mind. The English na tion wishes to perpetuate the remembrance of the exemplary valour and achievements of its heroes ; it wishes to express its sense of the Divine as sistance, by means of which they conquered, and its gratitude to The Giver of all good things. In what regards these latter points, the worship of the Supreme, in the interior of the Trophy, would be pore and holy. No profane allegory, no irre vet ent emblem, would lie intruded on devotion, to call hack the thoughts from visions of a peaceful eternity, to the tumults of worldly strife. 'There would be seen, I imagine, no horses, lions, ele phants, sphinxes, or crocodiles ; no sabres, dirks, muskets,, trumpets, cannons, or flying balls ; no Fames or Victories; no rivers, oceans, or personi fied empires ; in short, no levies from the wearied and wearisome stores of Indian, Egyptian, Etrus can, Greek, and Roman Mythology, or from the equally serviceable and exhausted repository of Exeter Change. There would be no memorials but of that religious and social peace for whi c h our heroes fought and died ; no emblems lint of that love and charity which our Redeemer be queathed to mankind. • But the Records of the Exterior Circle would be of human prowess. There, the sight of all that can elevate the spirit of the youtloOl hero, all that can inspire or sat tsfy the ardent vow of the patriot, ,all that can nourish virtuous ambition, or reward successful toil in honour, would conspire to keep alive the vital flame of national glory. The stranger who should visit this place, would thus be cohritseted, -through a series of historical pre ludes, to the rational act of pious humiliation and gratitude, and the devout worshipper, in his pas sage through them, would find his heart succes s,v-dy quickened with emotions tending to strengthen his reliance on that Power before whom he was about to prostrate himself in prayer. What is the amount, in one view, of this com bination ? The achievements of our heroes; their repose in faith ; a nation's gratitude to God. I shall only add, that the completion, in the manner here proposed, of the Parliamentary vote for the Monument of Waterloo, world afford one of the opportunities, so long desired, of connect ing the Fine Arts with the essential interest of the Kingdom. P ÜBLI *** For PARLIAMENTARY P!tOCEEDINGS, see the Last Page. THEATRICAL REGISTER. Performed Last Nig,ht. THEATRE ROYAL, DRURY-LANE.--DottglaS: Young Norval, Mr. Kean ; Lady Randolph, Miss Nlacauley. After which, Amoroso. To which was added, The Innkeeper's Daughter. THEATRE Itw . AL, COVENT-GARDEN.—Bellamira Montalto, Mr. Young; Bellamira, Miss O'Neill. After which (Ist time), The Sorrows of Werther. To which was added, La Chasse. I I.S. ARRIVED-1 France, 1 Hamburg - h. DU R-1 Dublin, 2 Wa terford, I Gottenburgb. PRICE 01 THIS DAY AT r Bank Stock 2821 A per Critt. Red 3 per Cent. 804 i STOCKS EINE o'cLoCK. India Bonds.. ....965. 98s. pr. South Sea Stock .904 Exch. Bills, id...17s 19s. pr. Ditto, 21d. Cons. for Account....Boifit 4 . per Cents '960. 5 per Cent N. Ann..... 107 ,34 Bank L. Ann.....20i 7-16t1►s HIGH WATER AT LONDON BRIDGE TO•MORROW. Morning, 7 minutes after 4. Evening, 32 minutes after 4. THE SUN. JOLEM QUIS DICERE FALSUM AUDEAT ? LONDON, THURSDAY, MAY 7, 1818. fruits, anti the pulse, have all disapp eared/8n inhabitan:s are teluced to great distress. MADRID, APRIL 21 .—"There isnobubtlit) the ships lately purchased from Russia need of great repairs. The ship desti ned forw heo which was believed to be ready for sea , has - 0 discovered to be in a state not fit to tok lert o e ditt o such a voyage without being repaired• o f r i i t to frigates, one only is in a fit state for ittlincdo service. There is nothing to indicat e 1113 t embarkation of troops for South America ellll place soon. Besides the delay owing t ° the .,o4 state of he ships, there are other causes 811-0, rov is out of the expence of equ;ntnents and p;°,4 " CONSTANTINOPLE, MARCH 28. ;*-1/7e received here the details of the Revolution has taken place at Algiers. The ~e'VeYll°,l4 nated by the Army having been taken 1311°14ecst'' the Moors, the natives of the countrYr 1185 4 0 1 1 i vied before their Chief . , who ' seized t he tresforl the stores, &c. and had them conveyed t° : c re which commanded the City, and to whic il ' ro o' tired. This Chief, Although se mi- I ° l. l° i fit 11 t had the generosity, not only to grll /- e ft' Dry his life, but to present hint w ith cOO , ral millions of piastres, and two slaye:i ioni tenting himself with exiling him t° bbl where he has remained for some ti t tot v exiled Dey has detetmin-d to come to '05051 tinople to propose to the Porte to march ro4tll the Moorish Chief, provided he is firtiOle"oitlt troops and ammunition to form a junc tic i tb . the Army encamped upon 11,t. mounta ins fi et environs of Algiers, which only waits the ar iii t of his Highness to act. It k not yet 10°i' 'Pi part the Divan' will take. The n ew P i eC lo° assumed the dress of an Officer of the '-'11 :1 1P.1 Marine. Under the late Dey he held the General Commandant of a Military C° l P s., 0 yia tt We are assured, front what we do 11(4 c " as light authority, that a dissolution of is much nearer at hand than seems genert'll/ "„ett suspected. The reasons ‘lbich have, beet fpr this acceleration of the measure are attic '. Il ece l tory to us, though we do nor think it :;tt to explain them to the public. We, 1“)°1 advise all loyal Candidates to be upon th e lest mischief, which is always very Active' 5.411°114 get the start of them, and that, not witli stal4', genet al good sense of the People, lits °v '1 ters should be returned to Parliament wh ° 0 4 wish to reform the Constitution according model of Jacobinisin. lo A Hamburgli Ma; —... i um..-- 1 ti:, the Bi ►rhe PP wing article, relative to the North Pole, a rr. possesses ed e last il: ii t ig i l e l: : .rr::.:Pj°;l;'ll‘ciii:l3l rest : ,I V I, t o " ALToNA, APRIL 29.—A • i s sue . : 6 11 , 1 Commanders notice has hee t n wo ii , o h ~" High President, that the that are going Out for the pp of • ril l P J 5 (tl from the Atlantic into the Pacific Ocea n , ° e t re 4'llo t news might be received from them . as ' , ofteit a 9 ;:lec'ol o throw out bottles front time to ti • ntaioi" ° ;st '''' al ttu o ili f i and ee t i l es Ee ,,,sic s ieri t v a ::Qt t n, e rttars o )l, f }i(n): t fl, l tmr e ilolee s id, h ,,i i laa p dtn s ei , ililyahr. at the a s i same time tan ages, either g , and to add • . •a. London, •i. Pe e' , i 5 °, a remark of the time when , liid the , ta'' , i p the bottles were picked up. I n cm : , n ' efice , t he ',.'''' .Iv , ~, vessels anc and others, arc ordered, in (ithe n an.te , 7 rf,,iti n it 'o , ery of the Duchies cf Heswieli Holsteill• Ill'"ll‘,serielo burl;, if they should fi nd such b ttl '' ' •ilifitelr,t'. At ' Lice to his Majesty's Department " fes'ct•ninK,i) Aft.3lr-oaill spe o uhaget . t; and to J. W. Croker, Secretary i,r r o e _to at it j testy,oriiiiiist tolt‘leintiotivirlie,etelr:'•ui,ter,,rei; L ndou. ' Di Viscount CASTL long 2/11dietICe fr r ...—.....a.m.-- REAGII hail a , c lor'' the PRINCE REGENT yesterday. Yesterday morning, 3')on after eleveacr etAll the Prince of HESSE?. 1-I,,MBUric, tit Ili 9 '''",' air uniform, attended by Baron ''O'NAGEII3' op Count BELGRADE, left the Queen's r' l Ice d P rf)s t Royal earri•ige and four, with outriders, ohott-i ceeded to Woolwich, where they firri ve l l; , l o4 l hall-pait twelve o'clock. His Sereoe 6.'000 was received on the Military P a rade I) ,Y „JIM,: MACLEOD with a guard of honour, file l i i"'01 0°- ing God save the King. His Se ren e f i r i ,:o . 1 11 1: after inspecting the troops, who W''' JO upon the occasion, was conducted tianiTchal barracks, the stalling, and the riding -l'enaget, horses. his Serene Highness inspected th e b ord'i iorses. From thence he proceeded to th e ..„00111es yard, where the troops were drawn out, "'sere' in open order, for the inspection of I : is tio r l a ntwe l e • ri t sit i sov li la e leer r tf y ltos. fitattainitcat inspectedo vfe manoeuvres. e Highness, when they went !brough t: l. l, le es' t i p , R le oy b a e l fo A re rs fi en eet avid Serend- '4t t''‘ arriv e jail ° Queen's Palace. at six o'clock, f 0 dine %ir t i l l is OC S ke er t- e a ll r etilli:;)gg e 1:11114414911 ; le MAJESTY and the PRINCESSES. ni : „,t ad i i i of ln some of the papers a most uni — gti' j' f ii ( c l ent ee a r t , ta c c ( l: l - . h L as io l ti ie tt e L n snirviaidTefia,gainst a nu) -t Iri s P P been able to force -a runaway the extract of a genuine letter froin b i tho t t, /i di which we published, our readers learn t e, to, i PEISHWA'S army consisted chiefly ( 411( ' 11 SO) which he hovered on the flanks of 9'l e C0 1°) 1 army, but avoided all close action. I ~,ariti fi l l had been obliged, in consequence of til ls -- r olli to lodge his artillery, and to porstie the e n u e t4 h r i f b et e i c e a ti t i l y se i .o"6 ; 4 4 llt ;o of ; light troops only. ,He had advanced tbr:ii.e_ftlit hilly country with great rapidity, 1e vvi• vA i Ci° prospect of at lengmh brilging the 1 t i 9 4De a situation in which he must fight. "deo, r rd d lT concerti that we see any British Journ al 0 0 Vi o l, vehicle of such base insinuations agßiliStarjesa H spoken of in the highest terms - ,io, s o by those who have served with him in ift ( ! of rgiko f ' r # is the son of the elegant. Poetess, r - cu ollt' s popular Officer. We have al WaYSolifea"o7lollo 0 SMITH, and is himself all aCCOMPIi SiIe " 5- (Morning chronicle.) . ,